Khan v. Lopez
Filing
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ORDER RE: SERVICE AND SETTING NEW BRIEFING SCHEDULE (Illston, Susan) (Filed on 8/6/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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No. C 10-3949 SI
ADNAN KHAN,
ORDER RE: SERVICE AND SETTING
NEW BRIEFING SCHEDULE
Petitioner,
v.
RAUL LOPEZ,
Respondent.
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On April 24, 2012, the Court issued an Order to Show Cause, finding that the claims raised in
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the amended petition are cognizable in a federal habeas action, and directing the clerk to serve by
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certified mail a copy of this Order to Show Cause, the amended petition and all attachments thereto upon
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respondent and respondent’s attorney, the Attorney General of the State of California. It has come to
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the attention of the Court that such service was never effected.
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Accordingly, the Court directs the clerk to serve the above-mentioned documents by certified
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mail upon respondent and respondent’s attorney, the Attorney General of the State of California. The
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clerk shall also serve a copy of this order and the Order to Show Cause on petitioner and petitioner’s
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counsel at the mailing address provided.
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The Court sets a new briefing schedule as follows. Respondent must file and serve upon
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petitioner, on or before November 2, 2012, an answer conforming in all respects to Rule 5 of the Rules
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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued.
Respondent must file with the answer a copy of all portions of the transcript that have been previously
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transcribed and that are relevant to a determination of the issues presented by the petition. If petitioner
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wishes to respond to the answer, he must do so by filing a traverse with the Court and serving it on
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respondent on or before January 4, 2013.
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IT IS SO ORDERED.
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Dated: August 6, 2012
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SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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